I would appreciate any guidance on this as housing benefit department seems confused themselves.
My client currently receives HB with a £15 shortfall in her rent. Apparently if she was on LHA her rent would be circa £100 - enough for her needs. Would like to make a one week break in her HB claim then reapply for LHA - has been told by HB that she cannot do this for the same address and she will have to move if she wants to access LHA - is there anything out there about this - technically I suppose she is engineering her claim to 'take advantage' of benefit rules - but quite understandably so! Any help appreciated

check out -

http://www.rightsnet.org.uk/pdfs/HB_G10_2008.doc

it should answer your question.

thank you so much - there it is in black and white - just need to get a copy to the HB team in question!

You might still find that the LA in question refuses your request.

The problem with circulars from the DWP are that (as they frequently like to tell LAs) they are just for guidance and it is up to the individual LAs to set their procedures. Some LAs are still sceptical about whether the wording of the regulations actually allow this break so are refusing requests until eventually the Commissioners decide one way or another.

Unfair on the customers but understandable when you have the DWP who can't make up their minds about what the regulations they have drafted actually say and auditors who go into LAs and tell them the guidance from the DWP is incorrect!!

Just steered a client through this, no problem and had excellent co-operation from the LA benefits manager. When the client writes in to close their HB claim they need to make it clear they do not want to close the CTB claim. In my case, the client was iro a DHP which was unlikely to be renewed so the objective was to reduce the shortfall. The LA cannot pay DHP for any week in which HB is not in payment apparently.

thank you all for your feedback - at least i have some clarity regarding the lack of clarity! will try to sweet talk the dm's in HB and advise client to put in for DHP if all else fails.

Here is a link to an earlier thread on the topic of ending current HB claim to start new claim calculated using LHA.:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=6389&mesg_id=6389&page=2